United States Of America v. Ruggles

Filing 113

ORDER GRANTING UNOPPOSED MOTION TO DISSOLVE WRITS OF GARNISHMENT ECF NO. 111 AND ADOPTING REPORT AND RECOMMENDATION IN PART ECF NO. 107 . The Clerk is DIRECTED to dissolve all Writs of Garnishment [ECF Nos. 72, 74, 76, 78, 80]. Certificate of Appealability: No Ruling. Signed by Judge Aileen M. Cannon on 11/15/2023. See attached document for full details. (nwn)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION CASE NO. 20-82389-CIV-CANNON/Reinhart UNITED STATES OF AMERICA, v. Plaintiff-Judgment Creditor, JON P. RUGGLES, Defendant-Judgment Debtor, v. TD BANK, N.A., POSTLANE CAPITAL PARTNER, LLC, JR NAL HOLDINGS INC., NARL HOLDINGS US LP, and SPEND CATALYST LLP, Garnishees. / ORDER GRANTING UNOPPOSED MOTION TO DISSOLVE WRITS OF GARNISHMENT [ECF NO. 111] AND ADOPTING REPORT AND RECOMMENDATION IN PART [ECF NO. 107] THIS CAUSE comes before the Court upon the following motions and filings: (1) Motion to Dissolve Writs of Garnishment and for Order Adopting Report and Recommendation filed by Plaintiff-Judgment Creditor, the United States of America [ECF No. 111]; (2) the Notice of Settlement between the United States, JR NAL HOLDINGS INC., and NARL HOLDINGS US LP [ECF No. 108]; (3) the Satisfaction of Judgment as to Jon P. Ruggles [ECF No. 112]; and (4) the Report and Recommendation on Writs of Garnishment filed by Magistrate Judge Bruce E. Reinhart (the “Report”) [ECF No. 107]. No party filed objections to the Report, and the time to do so has expired [ECF No. 107]; however, in its Motion [ECF No. 111], the United States explains that it CASE NO. 20-82389-CIV-CANNON/Reinhart has a reached a settlement agreement with JR NAL HOLDINGS INC. and NARL HOLDINGS US LP, making the portion of the Report recommending garnishees be required to pay the United States certain sums now moot. Thus, the only remaining portion of the Report still relevant at this juncture is the recommendation that the United States not be required to pay Garnishee TD Bank a $100 statutory assessment fee because this assessment fee is barred by sovereign immunity [ECF No. 107 p. 4]. The Court has reviewed all aforementioned relevant filings and the entire record and is otherwise fully advised in the premises. Upon such review, it is hereby ORDERED AND ADJUDGED as follows: 1. Plaintiff-Judgment Creditor the United States’ Motion [ECF No. 111] is GRANTED. 2. The Clerk is DIRECTED to dissolve all Writs of Garnishment [ECF Nos. 72, 74, 76, 78, 80]. 3. The Report [ECF No. 107] is ADOPTED IN PART. a. The Report is adopted to the extent that it recommends denying Garnishee’s TD Bank’s request for a $100 statutory assessment fee [ECF No. 107 p. 4]. 4. Garnishee TD Bank’s request for payment of statutory garnishment fees [ECF No. 82 p. 2] is DENIED for the reasons stated in the Report [ECF No. 107 p. 4]. 5. In light of the Satisfaction of Judgment filed by the United States [ECF No. 112] and the United States’ notice that the settlement payment has been received in full satisfaction of the Final Judgment [ECF No. 111 p. 2], all garnishees are DISCHARGED from further liability under the (to be dissolved) Writs of Garnishment. 2 CASE NO. 20-82389-CIV-CANNON/Reinhart DONE AND ORDERED in Chambers at Fort Pierce, Florida this 15th day of November 2023. _________________________________ AILEEN M. CANNON UNITED STATES DISTRICT JUDGE cc: counsel of record 3

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